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S1301aa...............................................by HEALTH AND WELFARE
MEDICAL INDIGENCY - Amends existing law relating to medical indigency to
revise procedures regarding the time and manner of filing application and
requirements for medical services with the clerk of a county; and to
include Medicaid copayments and deductibles as nonnecessary medical
services.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
03/01 Rpt out - to 14th Ord
03/08 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 33-1-1
AYES -- Andreason(Andreason), Bailey, Brandt, Bunderson, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- Burkett
Absent and excused -- Geddes
Floor Sponsor - Compton
Title apvd - to House
03/11 House intro - 1st rdg - to Health/Wel
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 61-0-9
AYES -- Andersen, Barraclough, Barrett, Bayer, Bell, Block, Boe,
Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Denney, Douglas,
Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,
Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake, Langford, Langhorst,
Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr.
Speaker
NAYS -- None
Absent and excused -- Bauer, Bedke, Black, Bradford, Deal, Edmunson,
Kellogg, Roberts, Trail
Floor Sponsor - Mitchell
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed - Sp signed
03/22 To Governor
03/24 Governor signed
Session Law Chapter 300
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1301
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO MEDICAL INDIGENCY; AMENDING SECTION 31-3502, IDAHO CODE, TO
3 INCLUDE MEDICAID COPAYMENTS AND DEDUCTIBLES AS A NON-NECESSARY MEDICAL
4 SERVICE; AMENDING SECTION 31-3505, IDAHO CODE, TO REVISE PROCEDURES
5 REGARDING THE TIME AND MANNER OF FILING APPLICATION AND REQUESTS FOR MEDI-
6 CAL SERVICES WITH THE CLERK OF A COUNTY AND TO MAKE A TECHNICAL CORREC-
7 TION; AND AMENDING SECTION 31-A3504, IDAHO CODE, TO CHANGE THE REFERENCE
8 TO THE DEFINITION OF RESOURCES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 31-3502, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 31-3502. DEFINITIONS. As used in this chapter, the terms defined in this
13 section shall have the following meaning, unless the context clearly indicates
14 another meaning:
15 (1) "Medically indigent" means any person who is in need of necessary
16 medical services and who, if an adult, together with his or her spouse, or
17 whose parents or guardian if a minor, does not have income and other resources
18 available to him from whatever source sufficient to pay for necessary medical
19 services. Nothing in this definition shall prevent the board of county commis-
20 sioners and administrator from requiring the applicant and obligated persons
21 to reimburse the county and the catastrophic health care costs program, where
22 appropriate, for all or a portion of their medical expenses, when investiga-
23 tion of their application pursuant to this chapter, determines their ability
24 to do so.
25 (2) "Hospital" means a facility licensed and regulated pursuant to sec-
26 tions 39-1301 through 39-1314, Idaho Code, excluding state institutions.
27 (3) "Dependent" means any person whom a taxpayer could claim as a depend-
28 ent under the income tax laws of the state of Idaho.
29 (4) "Applicant" means any person who is or may be requesting financial
30 assistance under this chapter.
31 (5) "Reimbursement rates" means the unadjusted medicaid rate of reim-
32 bursement for medical charges allowed pursuant to title XIX of the social
33 security act, as amended. For long-term care facilities, maximum
34 "reimbursement rates" means the unadjusted medicaid rate of reimbursement
35 allowed pursuant to the medical assistance program as determined by chapter 1,
36 title 56, Idaho Code, or the unadjusted medicare rate of reimbursement estab-
37 lished under title XVIII of the social security act, as amended, whichever is
38 greater.
39 (6) "Board" means the board of county commissioners.
40 (7) "Obligated persons" means those persons who are legally responsible
41 for an applicant.
42 (8) "County hospital" means any county approved institution or facility
43 for the care of sick persons.
2
1 (9) "Administrator" means the board of the catastrophic health care cost
2 program, as provided in section 31-3517, Idaho Code.
3 (10) "Catastrophic health care costs" means all necessary medical expenses
4 for services which are incurred by a recipient for which the reimbursement
5 rate exceeds in aggregate the sum of ten thousand dollars ($10,000) in any
6 twelve (12) consecutive month period.
7 (11) "Recipient" means an individual determined eligible for necessary
8 medical services under this chapter.
9 (12) "Resident" means a person with a home, house, place of abode, place
10 of habitation, dwelling or place where he or she actually lived for a consecu-
11 tive period of thirty (30) days or more within the state of Idaho. A resident
12 does not include a person who comes into this state for temporary purposes,
13 including, but not limited to, education, vacation, or seasonal labor. Entry
14 into active military duty shall not change a person's residence for the pur-
15 poses of this chapter. Those physically present within the following facili-
16 ties and institutions shall be residents of the county where they were resi-
17 dents prior to entering the facility or institution:
18 (a) Correctional facilities;
19 (b) Nursing homes or residential or assisted living facilities;
20 (c) Other medical facility or institution.
21 (13) "Emergency service" means a service provided for a medical condition
22 in which sudden, serious and unexpected symptoms of illness or injury are suf-
23 ficiently severe to necessitate or call for immediate medical care.
24 (14) "Provider" means any person, firm, or corporation certified or
25 licensed by the state of Idaho or holding an equivalent license or certifica-
26 tion in another state, that provides necessary medical services as it appears
27 on an application for assistance pursuant to this chapter.
28 (15) "Third party applicant" means a person other than an obligated person
29 who completes, signs and files an application on behalf of a patient.
30 (16) "Clerk" means the clerk of the board or his or her designee.
31 (17) "Resources" means all property, whether tangible or intangible, real
32 or personal, liquid or nonliquid, including, but not limited to, all forms of
33 public assistance, crime victim's compensation, worker's compensation, vet-
34 erans benefits, medicaid, medicare and any other property from any source for
35 which an applicant and/or an obligated person may be eligible or in which he
36 or she may have an interest. Resources shall include the ability of an appli-
37 cant and obligated persons to pay for necessary medical services over a period
38 of up to three (3) years. For purposes of determining approval for medical
39 indigency only, resources shall not include the value of the homestead on the
40 applicant or obligated persons' residence, a burial plot, exemptions for per-
41 sonal property allowed in section 11-605(1) through (3), Idaho Code, and addi-
42 tional exemptions allowed by county resolution.
43 (18) A. "Necessary medical services" means a requested or provided medi-
44 cal service required in order to identify or treat a medically indigent
45 person's health condition, illness or injury and is:
46 (a) Consistent with the symptoms, diagnosis or treatment of the med-
47 ical indigent's condition, illness or injury;
48 (b) In accordance with generally accepted standards of medical or
49 surgical practice then prevailing in the community where the services
50 were provided;
51 (c) Furnished on an outpatient basis whenever it is safe, efficient
52 and reasonable to do so;
53 (d) Not provided primarily for the convenience of the medically
54 indigent person or the provider;
55 (e) The standard, most economical service or item that can safely,
3
1 reasonably and ethically be provided.
2 B. Necessary medical services shall not include the following:
3 (a) Bone marrow transplants;
4 (b) Organ transplants;
5 (c) Elective, cosmetic and/or experimental procedures;
6 (d) Services related to, or provided by, residential and/or shelter
7 care facilities;
8 (e) Normal, uncomplicated pregnancies, excluding caesarean section,
9 and childbirth well-baby care;
10 (f) Medicare copayments and deductibles; and
11 (g) Services provided by, or available to an applicant from state,
12 federal and local health programs; and
13 (h) Medicaid copayments and deductibles.
14 Provided however, each board may determine, by ordinance or resolution
15 duly adopted in its county, to include as necessary medical services addi-
16 tional services not covered in this section. Necessary medical services pro-
17 vided by this option shall not be paid by the catastrophic health care costs
18 program, and shall remain the liability of the respective county.
19 SECTION 2. That Section 31-3505, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 31-3505. TIME AND MANNER OF FILING APPLICATIONS AND REQUESTS. Applica-
22 tions and requests for necessary medical services shall be filed with the
23 clerk according to the following time limits. Filing is complete upon receipt
24 by the clerk.
25 (1) An application for nonemergency necessary medical services shall be
26 filed ten (10) days prior to receiving services from the provider.
27 (2) An application for emergency necessary medical services shall be made
28 any time within thirty-one (31) days beginning with the first day of the pro-
29 vision of necessary medical services from the provider or in the case of hos-
30 pitalization, thirty-one (31) days beginning with the date of admission.
31 (3) Requests for additional treatment related to an original diagnosis in
32 accordance with a preapproved treatment plan shall be filed ten (10) days
33 prior to receiving services.
34 (4) (a) A delayed application for necessary medical services may be filed
35 up to one hundred eighty (180) days beginning with the first day of the provi-
36 sion of necessary medical services on condition provided that:
37 (a) Written documentation is included with the application showing the
38 provider and/or applicant demonstrates that an bona fide application or
39 claim has been filed for social security disability insurance, supplemen-
40 tal security income, third party insurance, medicaid, medicare, crime vic-
41 tim's compensation, and/or worker's compensation. A bona fide application
42 means that:
43 (i) The application was timely filed within ninety (90) days begin-
44 ning with the first day of the provision of necessary medical ser-
45 vices from the provider or, in the case of hospitalization, ninety
46 (90) days beginning with the date of admission. the appropriate
47 agency's application or claim time period; and
48 (ii) Given the circumstances of the patient and/or obligated per-
49 sons, the patient and/or obligated persons would reasonably be
50 expected to meet the eligibility criteria for such resources; and
51 (iii) The application was filed with the appropriate agency in such a
52 time and manner that, if approved, it would provide for payment cov-
53 erage of all the bills included in the county application; and
4
1 (iv) In the event an application is filed for supplemental security
2 income, an Idaho medicaid application must also have been filed
3 within the department of health and welfare's application or claim
4 time period to provide payment coverage of eligible bills included in
5 the county application.
6 (b) Failure by the patient and/or obligated persons to complete the
7 application process described in this section, up to and including any
8 reasonable appeal of any denial of benefits, with the applicable program
9 noted in paragraph (a) of this subsection, shall result in denial of the
10 county assistance application.
11 (5) Any application or request which fails to meet the provisions of this
12 section, and/or other provisions of this chapter, shall be denied.
13 (6) In the event that a county determines that a different county is the
14 obligated county, an application may be filed in the other county within
15 thirty (30) days of the date of the initial county denial.
16 SECTION 3. That Section 31-A3504, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 31-A3504. ADVISORY DECISIONS OF PANEL. The general responsibility of the
19 advisory panel will be to consider the eligibility of applicants on claims
20 referred to them and render written opinions regarding such eligibility of
21 applicants as based upon review of analysis of the resources available to the
22 applicant, as defined in the Uniform County Guidelines on Indigent Eligibility
23 referred to in section 31-3503 section 31-3502(17), Idaho Code. Following pro-
24 ceedings on each claim, the advisory panel shall provide the affected parties
25 with its comments and observations with respect to the claim. They shall indi-
26 cate in such comments whether the applicant appears to have resources avail-
27 able to him or her sufficient to pay for necessary medical services; does not
28 have adequate resources; or any comments or observations which may be relevant
29 and appropriate. The findings of the advisory panel may be used by affected
30 parties in resolving contested claims in a manner consistent with the findings
31 presented. However, such findings will be advisory in nature only and not
32 binding on any of the affected parties.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Compton
Seconded by Brandt
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1301
1 AMENDMENTS TO SECTION 2
2 On page 3 of the printed bill, in line 37, following "application"
3 insert: "or no later than forty-five (45) days after an application has been
4 filed"; in line 49, following "obligated persons" insert: ", and given the
5 information available at the time the application or claim for other resources
6 is filed,"; in line 53, following "erage of" delete "all"; following line 53,
7 insert:
8 "(iv) In the discretion of the board, bills on a delayed application
9 which would not have been covered by a successful application or timely
10 claim to the other resource(s) may be denied by the board as untimely;
11 and";
12 and on page 4, in line 1, delete "(iv)" and insert: "(v)".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1301, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO MEDICAL INDIGENCY; AMENDING SECTION 31-3502, IDAHO CODE, TO
3 INCLUDE MEDICAID COPAYMENTS AND DEDUCTIBLES AS A NON-NECESSARY MEDICAL
4 SERVICE; AMENDING SECTION 31-3505, IDAHO CODE, TO REVISE PROCEDURES
5 REGARDING THE TIME AND MANNER OF FILING APPLICATION AND REQUESTS FOR MEDI-
6 CAL SERVICES WITH THE CLERK OF A COUNTY AND TO MAKE A TECHNICAL CORREC-
7 TION; AND AMENDING SECTION 31-A3504, IDAHO CODE, TO CHANGE THE REFERENCE
8 TO THE DEFINITION OF RESOURCES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 31-3502, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 31-3502. DEFINITIONS. As used in this chapter, the terms defined in this
13 section shall have the following meaning, unless the context clearly indicates
14 another meaning:
15 (1) "Medically indigent" means any person who is in need of necessary
16 medical services and who, if an adult, together with his or her spouse, or
17 whose parents or guardian if a minor, does not have income and other resources
18 available to him from whatever source sufficient to pay for necessary medical
19 services. Nothing in this definition shall prevent the board of county commis-
20 sioners and administrator from requiring the applicant and obligated persons
21 to reimburse the county and the catastrophic health care costs program, where
22 appropriate, for all or a portion of their medical expenses, when investiga-
23 tion of their application pursuant to this chapter, determines their ability
24 to do so.
25 (2) "Hospital" means a facility licensed and regulated pursuant to sec-
26 tions 39-1301 through 39-1314, Idaho Code, excluding state institutions.
27 (3) "Dependent" means any person whom a taxpayer could claim as a depend-
28 ent under the income tax laws of the state of Idaho.
29 (4) "Applicant" means any person who is or may be requesting financial
30 assistance under this chapter.
31 (5) "Reimbursement rates" means the unadjusted medicaid rate of reim-
32 bursement for medical charges allowed pursuant to title XIX of the social
33 security act, as amended. For long-term care facilities, maximum
34 "reimbursement rates" means the unadjusted medicaid rate of reimbursement
35 allowed pursuant to the medical assistance program as determined by chapter 1,
36 title 56, Idaho Code, or the unadjusted medicare rate of reimbursement estab-
37 lished under title XVIII of the social security act, as amended, whichever is
38 greater.
39 (6) "Board" means the board of county commissioners.
40 (7) "Obligated persons" means those persons who are legally responsible
41 for an applicant.
42 (8) "County hospital" means any county approved institution or facility
43 for the care of sick persons.
2
1 (9) "Administrator" means the board of the catastrophic health care cost
2 program, as provided in section 31-3517, Idaho Code.
3 (10) "Catastrophic health care costs" means all necessary medical expenses
4 for services which are incurred by a recipient for which the reimbursement
5 rate exceeds in aggregate the sum of ten thousand dollars ($10,000) in any
6 twelve (12) consecutive month period.
7 (11) "Recipient" means an individual determined eligible for necessary
8 medical services under this chapter.
9 (12) "Resident" means a person with a home, house, place of abode, place
10 of habitation, dwelling or place where he or she actually lived for a consecu-
11 tive period of thirty (30) days or more within the state of Idaho. A resident
12 does not include a person who comes into this state for temporary purposes,
13 including, but not limited to, education, vacation, or seasonal labor. Entry
14 into active military duty shall not change a person's residence for the pur-
15 poses of this chapter. Those physically present within the following facili-
16 ties and institutions shall be residents of the county where they were resi-
17 dents prior to entering the facility or institution:
18 (a) Correctional facilities;
19 (b) Nursing homes or residential or assisted living facilities;
20 (c) Other medical facility or institution.
21 (13) "Emergency service" means a service provided for a medical condition
22 in which sudden, serious and unexpected symptoms of illness or injury are suf-
23 ficiently severe to necessitate or call for immediate medical care.
24 (14) "Provider" means any person, firm, or corporation certified or
25 licensed by the state of Idaho or holding an equivalent license or certifica-
26 tion in another state, that provides necessary medical services as it appears
27 on an application for assistance pursuant to this chapter.
28 (15) "Third party applicant" means a person other than an obligated person
29 who completes, signs and files an application on behalf of a patient.
30 (16) "Clerk" means the clerk of the board or his or her designee.
31 (17) "Resources" means all property, whether tangible or intangible, real
32 or personal, liquid or nonliquid, including, but not limited to, all forms of
33 public assistance, crime victim's compensation, worker's compensation, vet-
34 erans benefits, medicaid, medicare and any other property from any source for
35 which an applicant and/or an obligated person may be eligible or in which he
36 or she may have an interest. Resources shall include the ability of an appli-
37 cant and obligated persons to pay for necessary medical services over a period
38 of up to three (3) years. For purposes of determining approval for medical
39 indigency only, resources shall not include the value of the homestead on the
40 applicant or obligated persons' residence, a burial plot, exemptions for per-
41 sonal property allowed in section 11-605(1) through (3), Idaho Code, and addi-
42 tional exemptions allowed by county resolution.
43 (18) A. "Necessary medical services" means a requested or provided medi-
44 cal service required in order to identify or treat a medically indigent
45 person's health condition, illness or injury and is:
46 (a) Consistent with the symptoms, diagnosis or treatment of the med-
47 ical indigent's condition, illness or injury;
48 (b) In accordance with generally accepted standards of medical or
49 surgical practice then prevailing in the community where the services
50 were provided;
51 (c) Furnished on an outpatient basis whenever it is safe, efficient
52 and reasonable to do so;
53 (d) Not provided primarily for the convenience of the medically
54 indigent person or the provider;
55 (e) The standard, most economical service or item that can safely,
3
1 reasonably and ethically be provided.
2 B. Necessary medical services shall not include the following:
3 (a) Bone marrow transplants;
4 (b) Organ transplants;
5 (c) Elective, cosmetic and/or experimental procedures;
6 (d) Services related to, or provided by, residential and/or shelter
7 care facilities;
8 (e) Normal, uncomplicated pregnancies, excluding caesarean section,
9 and childbirth well-baby care;
10 (f) Medicare copayments and deductibles; and
11 (g) Services provided by, or available to an applicant from state,
12 federal and local health programs; and
13 (h) Medicaid copayments and deductibles.
14 Provided however, each board may determine, by ordinance or resolution
15 duly adopted in its county, to include as necessary medical services addi-
16 tional services not covered in this section. Necessary medical services pro-
17 vided by this option shall not be paid by the catastrophic health care costs
18 program, and shall remain the liability of the respective county.
19 SECTION 2. That Section 31-3505, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 31-3505. TIME AND MANNER OF FILING APPLICATIONS AND REQUESTS. Applica-
22 tions and requests for necessary medical services shall be filed with the
23 clerk according to the following time limits. Filing is complete upon receipt
24 by the clerk.
25 (1) An application for nonemergency necessary medical services shall be
26 filed ten (10) days prior to receiving services from the provider.
27 (2) An application for emergency necessary medical services shall be made
28 any time within thirty-one (31) days beginning with the first day of the pro-
29 vision of necessary medical services from the provider or in the case of hos-
30 pitalization, thirty-one (31) days beginning with the date of admission.
31 (3) Requests for additional treatment related to an original diagnosis in
32 accordance with a preapproved treatment plan shall be filed ten (10) days
33 prior to receiving services.
34 (4) (a) A delayed application for necessary medical services may be filed
35 up to one hundred eighty (180) days beginning with the first day of the provi-
36 sion of necessary medical services on condition provided that:
37 (a) Written documentation is included with the application or no later
38 than forty-five (45) days after an application has been filed showing the
39 provider and/or applicant demonstrates that an bona fide application or
40 claim has been filed for social security disability insurance, supplemen-
41 tal security income, third party insurance, medicaid, medicare, crime vic-
42 tim's compensation, and/or worker's compensation. A bona fide application
43 means that:
44 (i) The application was timely filed within ninety (90) days begin-
45 ning with the first day of the provision of necessary medical ser-
46 vices from the provider or, in the case of hospitalization, ninety
47 (90) days beginning with the date of admission. the appropriate
48 agency's application or claim time period; and
49 (ii) Given the circumstances of the patient and/or obligated per-
50 sons, the patient and/or obligated persons, and given the information
51 available at the time the application or claim for other resources is
52 filed, would reasonably be expected to meet the eligibility criteria
53 for such resources; and
4
1 (iii) The application was filed with the appropriate agency in such a
2 time and manner that, if approved, it would provide for payment cov-
3 erage of the bills included in the county application; and
4 (iv) In the discretion of the board, bills on a delayed application
5 which would not have been covered by a successful application or
6 timely claim to the other resource(s) may be denied by the board as
7 untimely; and
8 (v) In the event an application is filed for supplemental security
9 income, an Idaho medicaid application must also have been filed
10 within the department of health and welfare's application or claim
11 time period to provide payment coverage of eligible bills included in
12 the county application.
13 (b) Failure by the patient and/or obligated persons to complete the
14 application process described in this section, up to and including any
15 reasonable appeal of any denial of benefits, with the applicable program
16 noted in paragraph (a) of this subsection, shall result in denial of the
17 county assistance application.
18 (5) Any application or request which fails to meet the provisions of this
19 section, and/or other provisions of this chapter, shall be denied.
20 (6) In the event that a county determines that a different county is the
21 obligated county, an application may be filed in the other county within
22 thirty (30) days of the date of the initial county denial.
23 SECTION 3. That Section 31-A3504, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 31-A3504. ADVISORY DECISIONS OF PANEL. The general responsibility of the
26 advisory panel will be to consider the eligibility of applicants on claims
27 referred to them and render written opinions regarding such eligibility of
28 applicants as based upon review of analysis of the resources available to the
29 applicant, as defined in the Uniform County Guidelines on Indigent Eligibility
30 referred to in section 31-3503 section 31-3502(17), Idaho Code. Following pro-
31 ceedings on each claim, the advisory panel shall provide the affected parties
32 with its comments and observations with respect to the claim. They shall indi-
33 cate in such comments whether the applicant appears to have resources avail-
34 able to him or her sufficient to pay for necessary medical services; does not
35 have adequate resources; or any comments or observations which may be relevant
36 and appropriate. The findings of the advisory panel may be used by affected
37 parties in resolving contested claims in a manner consistent with the findings
38 presented. However, such findings will be advisory in nature only and not
39 binding on any of the affected parties.
STATEMENT OF PURPOSE
RS 13838
The purpose of this legislation is to provide guidelines that clearly
state when, how and who should be considered when filing a delayed
application for medically indigent assistance. The original intent of
the 180 day delayed application process was to encourage providers to
pursue other legitimate avenues of payment before filing an application
for county medical indigent assistance, so that fewer applications would
be received requesting taxpayer assistance with an indigent's medical
bills. This has worked well when the spirit as well as the law has been
properly followed. In some areas of the State the purpose of the existing
law has been thwarted by those who have begun using the delayed
application process as a method of obtaining more time to file a request
for assistance. When this occurs the indigent has sometimes dissipated
assets that could have provided reimbursement to the property taxpayers
for the assistance provided. Reliance on the property taxpayers should
remain a last resort. This technical correction seeks to close the
loophole in the process being exploited in some parts of the State
while still meeting the original intent of the legislature to allow
a delayed application to be filed when there is a demonstrated active
pursuit of other sources of payment before a request for assistance
from the property taxpayers is made.
FISCAL IMPACT
There is no fiscal impact on the State of Idaho or any political
subdivision.
CONTACT: Idaho Association of Counties Phone: 345-9126
Dan Chadwick Tony Poinelli
Maggie Mahoney Kerry Ellen Elliott
STATEMENT OF PURPOSE/FISCAL IMPACT S 1301